January 10, 2024 Minutes

Call to Order

The regular monthly meeting of the Board of Trustees was called to order on January 10, 2024, at 7:10 PM by Mayor Rick Kolm.

Roll Call

Present: Mayor Rick Kolm, Mayor Pro Tem Trevor Smith, Director Baillie Wineland via Zoom, Director Terry Howard, Director Jonathon Shafer were present. The Town of Kiowa had a quorum to conduct business. Director Josh Baker was absent.

Also Present:
Kimberly Boyd, Town Administrator
Sasha Davidson, Town Clerk
Ruth Borne, Town Counsel via Zoom
Tammy Hart, Board Applicant
Thomas Stieb, Board Applicant
Laurel Brown, KWWA Board
Bret Wager, KWWA Board

Pledge of Allegiance

Mayor Kolm led the audience in the pledge of allegiance.

Agenda Consent

Mayor Pro Tem Smith made the motion to approve the agenda with a revision to include the public hearing on Resolutions No. 1 and 2, Series 2024 approving the annual 2024 budget, which was publicly noticed. Director Howard seconded the motion and the motion was carried 4-0 with no discussion.

Staff Reports

Mayor
None.
Board of Trustees
None.
Town Attorney
None.
Town Administrator
1. Comp Plan Update timeline
  - 2/27 /23 - next and final Open House 5:30p-8p - location TBD.
  - 2/29/23 - Virtual Presentation 6pm-7pm
  - Kimley-Horn anticipates having a draft to Town staff on or about 3/18/23
2. Pursuant to HB23-1057 Amenities for All Genders in Public Buildings, passed in 2023 and taking effect on January 1, 2024, the Town will be revising their two public restrooms to non-gendered status and installing a baby changing station in one of them.
3. Westside Towing in Castle Rock has agreed to conduct non-consensual towing/impound services for the Town during inclement weather events that require snowplowing and when the removal of the vehicle is necessary in the interest of public health or safety.
4. Municipal Court
  - Court Clerk - the prospective court clerk currently is contracted with Deer Trail and they conduct court on the first Tuesday of every other month. She performs many of her duties from home and her expenses above postage, paper and envelopes are billed (phone, ink, etc.). But will be present in-person for all court. She is requesting $290/month.
  - Municipal Court Judge - the prospective judge retired from the 18th Judicial District after serving for 18 years. He is currently serving as the municipal judge in the Town of Hugo and the Town of Limon. He resides in· Elizabeth and is asking $600/month, which would be paid every other month as that is when court will be in session.
5. 26083 SH-86 Kiowa Bridge - CDOT has advised they will be moving forward with the design and advertisement of this structure and they are working through funding logistics now to begin the design, no actual timeline dates are available at this time. However, they are looking to advertise in the Fall of 2025 and begin construction in the Spring of 2026.
Public Works
Relisted blade sold for $1017 this time. We were able to keep the proceeds from the last sale, which was abandoned, and that sale was $350.
Code Enforcement
(1st Qtr Report due in April)

Consent Items

Approval of minutes from December 12, 2023, BoT Monthly Meeting
Director Howard made the motion to approve the minutes from the December 12, 2023, BoT Monthly Meeting. Director Shafer seconded, and the motion was carried 4-0 with no discussion.
Expenditures for Year-to-Date 2024
Mayor Pro Tem Smith made the motion to approve the YTD 2024 financials. Director Howard seconded, and the motion was carried 4-0 with no discussion.

Public Comment

Bret Wager, with HOO Motors and the KWWA Board, asserted more street sweeping activity needs to occur because the dust build up from the curb lines creates issues with the vehicles on his lot that sits along SH-86. Ms. Boyd advised she would contact him outside of the monthly meeting to discuss and find a resolution.

Public Hearings

Mayor Pro Tem Smith made a motion to go out of open meeting and into public hearing at 7:29pm, Director Howard seconded, and the motion carried 4-0 with no discussion.

Director Howard made a motion to leave the public hearing at 7:45pm. Mayor Pro Tem Smith seconded, and the motion carried 4-0 with no discussion.

Mayor Pro Tem Smith made a motion to approve RESOLUTION 01, SERIES 2024: RESOLUTION TO ADOPT BUDGET. Director Howard seconded, and the motion carried 4-0 with no discussion and no public comment.
Mayor Pro Tem Smith made a motion to approve RESOLUTION 02, SERIES 2024: RESOLUTION TO APPROPRIATE SUMS OF MONEY with correction of the adoption date to January 10, 2024. Director Howard seconded, and the motion carried 4-0 with no discussion and no public comment.

Old Business

The Board discussed the pieces of equipment Director Baker had previously sought bids on from Kubota and CAT. Ms. Boyd advised the Board that they also have a shop truck that is in dire need of replacement due to mileage and mechanical issues, such as no heat in the wintertime. Mayor Pro Tem Smith requested to table discussion on a new piece of equipment until they can explore some options on replacing the shop truck.

New Business

Mayor Pro Tem Smith motioned to approve the appointment of Laurel Brown and Bret Wager to the Kiowa Water and Wastewater Authority Board. Director Howard seconded his motion and the motion carried 4-0 with no discussion. Town Clerk Sasha Davidson performed both oaths of office to finalize their appointments.
Mayor Pro Tem Smith made the motion to approve Resolution 03, Series 2024: Resolution supporting the intergovernmental agreement for a regional planning commission for transportation planning. Director Howard seconded his motion and the motion carried 4-0. Ms. Boyd advised the Board that approving this resolution would allow the Town voting rights on the Eastern Plains Regional Planning Commission for Transportation Planning, which smaller municipalities currently do not have a voice in.
Code Enforcement; Stop Work; Fines and Municipal Court -Adopt Ordinance. Town legal counsel, Ruth Borne, requested the Board's direction on how they want to proceed with zoning code update, as it relates to code enforcement, stop work orders, fines and municipal court. She advised now that the Board has elected to move forward with reestablishing a municipal court process there is antiquated verbiage in our code that needs to be revised, as well as establishing a new fine schedule. No vote was made, but Mayor Pro Tem Smith asked that she proceed with such, as she sees necessary.

Director Howard advised the work on the part of the Planning Commission regarding the rest of the code revisions, as they relate to the emergency moratorium on development, have been completed and Ruth Borne, through Ms. Boyd, distributed drafts of such late that afternoon to the Board. Director Howard asked that those drafts be divided up into sections and the Board be given deadlines to have review and questions back to either Ms. Boyd or Ms. Borne. Ms. Borne and Ms. Boyd concurred that this would be a tedious and exhausting process if trying to do it all at once and they would split them up and distribute them in sections and with deadlines on review, as requested. No vote or motion was required or given on this matter.
The Board interviewed prospective board candidates, Thomas Stieb and Tammy Hart, and through final poll of the Board elected Ms. Hart. Director Howard made the motion to accept the Board election of Ms. Hart as their new board trustee. Director Shafer seconded her motion and motion carried 4-0 with no discussion.

Executive Session

Director Howard made a motion to go out of the open meeting and into executive session at 9:08 pm to consider personnel and billing matters regarding the Town Attorney. Mayor Pro Tem seconded, and the motion carried 4-0 with no discussion.

Director Shafer made a motion to leave the executive session and return to open meeting at 9:36pm. Mayor Pro Tem Smith seconded, and the motion carried 4-0 with no discussion.

Discussion/Communication

Ms. Boyd advised the Event Planning Committee would be meeting on January 18th to discuss the events of this new year and one of the events they would be considering bringing back, by request, is the Town Clean-Up Day. She advised they were looking at a weekend in May for this event and that she would need considerable buy in from the board members to make this event happen. Mayor Pro Tem Smith suggested moving the date of this event to September due to the many possible conflicts with events members of the board are already committed to in May. Ms. Boyd advised she would take that back to the Committee as they make their schedule of events this year.

Adjourn

Director Shafer made the motion to adjourn at 9:43 pm. Director Howard seconded, and the motion carried 4-0 with no discussion.

The next regular meeting will be on February 13h at Town Hall at 7:00 p.m.